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(영문) 창원지방법원 2020.10.22 2020고합135

성폭력범죄의처벌등에관한특례법위반(특수강간)

Text

Defendants shall be punished by imprisonment for three years.

However, it is against the Defendants for five years from the final date of this judgment.

Reasons

Punishment of the crime

On September 15, 2019, the Defendants first met the victim E (n, 20 years of age, 20 years of age) who drinks alcohol at the main point of “D” located in Seongbuk-gu, Changwon-si, Changwon-si.

Defendant

A는 술을 마시고 있는 피해자에게 귓속말로 “나 니랑 너무 하고 싶다. 따먹고 싶다”라고 말하면서 피해자가 술에 취해 저항하지 못하면 피해자를 모텔로 데리고 가 강간하기로 마음먹고, 피고인 B은 피고인 A가 피해자를 강간하는 모텔로 찾아가 함께 피해자를 강간하기로 마음먹었다.

Defendant

A around 05:20 on September 15, 2019, around 05:20, when waiting for the first bus on the street near “D” to go to the house, A, followed by the victim, who was under the influence of alcohol, induced the victim to the Seongbuk-gu Fel G room in Changwon-si.

Defendant

A intending to put the victim on the bed at the bed of the above bed of the victim, and to have sexual intercourse by inserting the victim's sexual organ on the part of another victim's sexual organ on the part of the victim's ship, but the victim failed to resist against the victim's refusal to do so, "I will do so in the house," and "I do not have a son's friendship because I have a son's friendship," and "I am off the victim's panty and panty," and inserting it against the victim

Defendant

A around September 15, 2019, around 05:37, 2019, the victim heardd “a request to send a toilet” in order to avoid rape, and left the corridor outside the guest room with the known body that entered the toilet, and then called the Defendant B to inform the name and the room of the above telecom.

Defendant

A Until the time of Defendant B’s appearance, the victim’s friendships appear in the above room, and the victim’s friendships appear in the room. Defendant B arrived at the above room around 05:45 on the same day, and entered Defendant A’s door into the guest room and entered Defendant A’s door.

At around 05:50 on the same day, Defendants B got the victim to the guest room in order for the victim under the influence of alcohol to attempt to flee.